Monday, 19 October 2015

BRIEF OVERVIEW OF RAPE AND ITS PUNISHMENT

RAPE

Almost every single day we
hear,and read news headlines of all sorts of rape incident, which is very disheartening and absolutely
despicable.

In ordinary context rape can be seen as
forcefully having sex with someone against his/her wish or will, especially
using violence. A close analysis of this incidents shows that Over 90% of
predatory sex is perpetrated by males against females. .

There is no
age limit regarding rape as children, babies, adolescents, matured adults,
mothers, grandmothers, and women of over 70 years are being raped or defiled
recklessly. Rape, generally speaking, is an infringement on the rights of
individuals, particularly children and could amount to gross violation of child
rights.

The
act may be carried out by physical force,coercion, abuse of authority
or against a person who is incapable of valid consent, such as one who is
unconscious, incapacitated, or below the legalage of consent.The
termrapeis sometimes used interchangeably with the termsexual assault.

Coming down to the Nigerian Context under the Criminal Code
section 357 and Penal Code section 282 both provide for the offence of rape.
Section 357 of the Criminal Code states that – any person who has unlawful
carnal knowledge of a woman or girl, without her consent or with her consent,
if the consent is obtained by force or by means of threats or intimidation of
any kind, or by fear of harm, or by means of fraudulent representation as to
the nature of the act or in the case of a married woman, by impersonating her
husband, is guilty of an offence which is called rape.

The actus reus of rape is having unlawful sexual
intercourse with a woman or man who at the time of the intercourse does not
consent to it. While the mens rea is an intention to have sexual intercourse
with a woman knowing that she does not consent to the act. The offence of rape
embodies society’s view of what is right and wrong in sexual relations. The
guiding principle is that this judgement on what is right and wrong should be
based on an assessment of the harm done to the individual (and through the
individual to society as a whole).

In Nigeria we have
existing laws that punish offenders as provided in criminal code act sections
as follows:

358. Any person who commits the offence of rape is liable to imprisonment
for life, with or without caning.

359.
Any person who attempts to commit the offence of rape is guilty of a felony,
and is liable to imprisonment for fourteen years, with or without caning.

360.
Any person who unlawfully and indecently assaults a woman or girl is guilty of
a misdemeanor, and is liable to imprisonment for two years.

361.
Any person who, with intent to marry or carnally know a female of any age, or
to cause her to be married, or carnally known by any other person, takes her
away, or detains her, against her will, is guilty of a felony, and is liable to
imprisonment for seven years.

362.
Any person who unlawfully takes an unmarried girl under the age of sixteen
years out of the custody or protection of her father or mother or other person
having the lawful care or charge of her, and against the will of such father or
mother or other person, is guilty of a misdemeanor, and is liable to
imprisonment for two years.

It is advisable that we
always look out for the vulnerable ones in our society in other curb this rape
menace, anyone can be a victim. We all must put our hands on deck, to ensure
that these unfortunate incidents is reduced to the barest minimum.

I will be bringing you
possible ways to curb this menace and reforms in due course.